The Seventh Circuit Court of Appeals vacates the district court's preliminary injunction and holds that it was error to enjoin the United States from criminally prosecuting appellee for violation of Forest Service regulations during the pendency of a quiet title action involving limestone deposits i...
Affirming in part and reversing in part a district court decision, 10 ELR 20187, the court allows the Army Corps of Engineers to proceed with its post-authorization planning for Locks and Dam 26 on the upper Mississippi River. It holds that a cost-benefit study prepared by the Corps prior to congres...
The court upholds the Virginia State Water Control Board's granting of revisions to a sewage treatment plant's national pollutant discharge elimination system (NPDES) permit and to Virginia's York River Basin Water Quality Management Plan. The court rejects plaintiffs' challenges to the permitting p...
The New Jersey Supreme Court upholds New Jersey's Spill Compensation and Control Act regulations applicable to the design and construction of hazardous waste storage and handling facilities. A lower court had invalidated the regulations on grounds that they exceeded statutory authority to provide st...
The court refuses to enjoin municipal acquisition of property in the Poletown area of Detroit and Hamtramck, Michigan, for construction of a General Motors assembly plant. Detroit and Hamtramck, with funds from loan guarantees and grants administered by the Department of Housing and Urban Developmen...
The court rules that the United States Forest Service violated neither the Endangered Species Act (ESA) nor the National Environmental Policy Act (NEPA) by allowing a mineral exploration program to proceed in the Cabinet Mountains Wilderness of Montana, which plaintiffs alleged is inhabited by a doz...
The Fifth Circuit Court of Appeals reverses the district court and holds that appellant, a nonprofit corporation, has standing to sue the Environmental Protection Agency (EPA) for wrongfully denying the city of Miami Beach, Florida, permission to install a research project to demonstrate "deep curre...
The court rules that the Environmental Protection Agency (EPA) improperly modified a revision to Florida's state implementation plan (SIP) relaxing the emissions limitations applicable to petitioner's oil-fired power plants and remands to the Agency its approval of the revision. After making the rev...
After issuing a preliminary injunction, 11 ELR 20565, the court invalidates a sale of outer continental shelf (OCS) oil and gas leases because the Secretary of the Interior failed to make a required determination that the sale would be consistent with the California Coastal Management Plan (CCMP). T...
The court rules that Washington's Radioactive Storage and Transportation Act of 1980, which bans the storage of non-medical radioactive waste generated outside the state and the transportation of such waste to any storage site within the state, violates the Commerce Clause and the Supremacy Clause o...